Madras High Court Overturns Maternity Leave Denial
On March 20, the Madras High Court overturned a previous decision that had denied maternity leave to a court staff member. This denial was labeled as "inhuman" by the court. As reported by News 18, the court ordered the responsible authorities to compensate the employee with her full salary during her maternity leave. Furthermore, they awarded her Rs 1 lakh for the emotional distress caused by the rejection of her leave application.
Case of B. Kavitha
B. Kavitha, an office assistant at the District Munsif-cum-Judicial Magistrate Court in Kodavasal, Thiruvarur district, was the affected employee. Her maternity leave application, submitted on November 7, 2024, was rejected due to her inability to produce a marriage certificate. The timing of her pregnancy was also probed, suggesting it might have occurred before her marriage.
Despite being a widow who remarried in April 2024 and providing photos and a wedding invitation as evidence of her marriage, Kavitha's application was turned down. A previous complaint against her husband, Bharathi, accusing him of deception before their marriage, was dismissed due to lack of evidence.
Court's Criticism and Ruling
The division bench, comprised of Justice R. Subramanian and Justice G. Arul Murugan, criticized the magistrate's denial, stating that an employer should not demand concrete proof of marriage unless contested. The court stated, "In an era where even live-in relationships are recognized by the Supreme Court, the District Munsif cum Judicial Magistrate of Kodavasal seems to hold an outdated perspective on the matter, finding reasons to reject the petitioner's application. This, in our opinion, is entirely unjustified."
The bench admonished the magistrate for his presumptions about the pregnancy, asserting that maternity leave cannot be denied based on personal judgments. "We cannot comprehend the mindset of the employer, particularly the Judicial Officers in this case. It is high time that Judicial Officers reform themselves and adopt a more pragmatic approach," the bench proclaimed.
The court instructed the Principal District Judge to grant Kavitha her rightful maternity leave and decreed that any leave she had taken since her application should be considered as maternity leave, and she should receive her full salary for this period.
Moreover, the court directed the Registrar General of the Madras High Court to disseminate its decision among all Principal District Judges to prevent such unfair rejections in the future. This incident took place in Mumbai, India.
From India, Mumbai
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2On March 20, the Madras High Court overturned a previous decision that had denied maternity leave to a court staff member. This denial was labeled as "inhuman" by the court. As reported by News 18, the court ordered the responsible authorities to compensate the employee with her full salary during her maternity leave. Furthermore, they awarded her Rs 1 lakh for the emotional distress caused by the rejection of her leave application.
Case of B. Kavitha
B. Kavitha, an office assistant at the District Munsif-cum-Judicial Magistrate Court in Kodavasal, Thiruvarur district, was the affected employee. Her maternity leave application, submitted on November 7, 2024, was rejected due to her inability to produce a marriage certificate. The timing of her pregnancy was also probed, suggesting it might have occurred before her marriage.
Despite being a widow who remarried in April 2024 and providing photos and a wedding invitation as evidence of her marriage, Kavitha's application was turned down. A previous complaint against her husband, Bharathi, accusing him of deception before their marriage, was dismissed due to lack of evidence.
Court's Criticism and Ruling
The division bench, comprised of Justice R. Subramanian and Justice G. Arul Murugan, criticized the magistrate's denial, stating that an employer should not demand concrete proof of marriage unless contested. The court stated, "In an era where even live-in relationships are recognized by the Supreme Court, the District Munsif cum Judicial Magistrate of Kodavasal seems to hold an outdated perspective on the matter, finding reasons to reject the petitioner's application. This, in our opinion, is entirely unjustified."
The bench admonished the magistrate for his presumptions about the pregnancy, asserting that maternity leave cannot be denied based on personal judgments. "We cannot comprehend the mindset of the employer, particularly the Judicial Officers in this case. It is high time that Judicial Officers reform themselves and adopt a more pragmatic approach," the bench proclaimed.
The court instructed the Principal District Judge to grant Kavitha her rightful maternity leave and decreed that any leave she had taken since her application should be considered as maternity leave, and she should receive her full salary for this period.
Moreover, the court directed the Registrar General of the Madras High Court to disseminate its decision among all Principal District Judges to prevent such unfair rejections in the future. This incident took place in Mumbai, India.
From India, Mumbai
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No issue cap for Maternity Leave-Madras High Court.pdf